Even though you have made it clear you have no intention of taking any action
in this matter we were advised to modify this slightly to be correct and legal.
NOTE: This complaint was also sent to Metropolitan Philip of the
Antiochian Church.
--------------------------------
The Holy Eastern Orthodox Catholic and Apostolic Church in North America,
Inc. Notification of Claimed Service Mark Infringement
(i) The physical or electronic signature of the undersigned is the
complaining party authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
(ii) This identifies the owner of the copyrighted material of this complaint:
The Holy Eastern Orthodox Catholic and Apostolic Church in North America
(Original Corporation in Mass. Feb. 1, 1928). Most Rev. Victor Prentice,
Corporate President, P.O. Box 121, Sudan, TX 79371 806-227-2214
(iii) The website you host, Orthodoxwiki.org, publishes our Church name which
is part of our Registered Service Mark with the U.S. Government, on their
website. The use of our Church names, both legally owned as common law Service
Marks as well as The Holy Eastern Orthodox Catholic and Apostolic Church in
North America being our corporate name since 1928 and our formerly registered
mark for 7 years while 5 years is all that is required for legal ownership under
federal law. It was our Registered Service Mark (Reg. No. 2,372,649) duly filed
with the U.S. Patent and Trademark Office and is infringement and dilution of
our registered Service Mark. Said Service Mark has been refiled and published
for opposition and we now await our new registration. This can be verified on
the USPTO website search link. The Mark is our name and our logo. The use of our
name in any manner to attack this church infringes our legal rights. Their claim
we do not exist, that we are not who we are, as well as their numerous false
claims and assumptions that conflict with other information on the 2 pages in
question do in fact dilute our Mark and our ownership rights as well as infringe
us. The law does not allow the owner to be attacked with his own Service Mark
and the law does not require continuous registration (15 USC 1065).
(iv) The above actions are believed to be a violation of Federal Law
(v) The complaining party has a good faith belief that the use of the
material in the manner complained of is not authorized by the service mark
owner, agent, or the law.
(vi) The information in this notification is accurate and, under penalty of
perjury, the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
We also claim that numerous canons are violated by the claims published and
an informal complaint has been prepared and sent and the formal complaint is
being prepared, in detail, for the Holy Synod in Constantinople.
We claim the Church names "American Orthodox Catholic Church", the short name
given to this Church in the Dec 1927 constitution by the Holy Synod who issued
our Charter, and our legal name "THE HOLY EASTERN ORTHODOX CATHOLIC AND
APOSTOLIC CHURCH IN NORTH AMERICA" our corporate name as shown on our Feb. 2,
1927 Charter and the Feb. 1, 1928 Corporation documents are our common law
service marks and we claim full ownership of these names..
You may also wish to note the 3rd page The Society of Clerks Secular of Saint
Basil which we also own by common law and as a Registered Service Mark. That
page is also published on orthodoxwiki.org.
http://orthodoxwiki.org/American_Orthodox_Catholic_Church
http://orthodoxwiki.org/Aftimios_Ofiesh
http://orthodoxwiki.org/Society_of_Clerks_Secular_of_St._Basil
_____________________/ss/ Most Rev. Victor Prentice CC:
To: John Schroedel
Subject: Infringement Complaint
PO Box 121
Sudan, TX. 79371
www.theocacna.us
Main
806-227-2214
Archbishop
Agent
for Service Mark Owner
Abp. Victor
Synod
Paralegal
File